November 27, 2002
The History and
After languishing some 18 years trying to
obtain redress of grievances in the courts at all levels, both state and
federal, Ron Branson realized that the futility of his efforts was the result of
judges' failure and refusal to allow due process of law. He became aware of the
fact that this is a systemic problem, and he went to both the Executive and
Legislative branches of California government in Sacramento for a remedy to
correct this omission by the judicial system. That effort also was futile, as
the Governor, the Attorney General, and the California Legislature (Senate and
Assembly) were not willing to do anything about the problem.
Ron could not conscientiously accept that
outcome, and he decided that the remedy had to come directly from the people. In
April 1995, he set out to search for some lawful means to accomplish that
objective here in California. The first authority he checked was the California
Article II, Sec. 1 of the CC provides:
"All political power is inherent in the people. Government is
instituted for their protection, security, and benefit, and they have the right
to alter or reform it when the public good may require."
That's the answer he needed. California authorizes by its
Constitution the people to take whatever action is necessary to correct this
flaw in the judicial system by initiative.
Armed with that authority, he proceeded to
create the J.A.I.L. initiative for California, originally called the "Judicial
Reform Act of 1996." After filing it for the first time in November 1995,
the Legislative Analyst asked, if no California judge subject to the
initiative could sit in judgment of the initiative, then who could do so?
A judge of another state? A federal judge? Ron's answer was that he could
not answer their question on how to assail this initiative, but that he is
relying on Article II, Sec. 1 of the California Constitution as authority for
the initiative. That reliance was not refuted.
The Special Grand Jury (SGJ)
under J.A.I.L., made up of the people, is not a part of government whatsoever,
and has no oversight by government.
In creating a means by which the people
would be able to implement their inherent power over government, Ron
realized that he would have to rely on the grand jury concept-- one that is
established constitutionally and given statewide operation. He knew that the
so-called county "grand juries" governed by statute are not autonomous bodies,
but an operation by government as our current county grand jury system is in
California. In California there does not now exist a grand jury of the
people that operates autonomously.
The grand jury created for J.A.I.L. would not be any part of government, nor
could it be if the people were to exercise their inherent power to "alter or
reform" government as they are constitutionally authorized to do. Government,
being the object of grand jury power, cannot be in control of it for
obvious reasons. Therefore, the operation of J.A.I.L. by a grand jury cannot be
connected with government whatsoever. Under J.A.I.L., the statewide Special
Grand Jury is not part of, nor a branch of, nor associated with, government of
any kind. It is an autonomous body of citizens, i.e., the
The California Legislature, through its
analyst, queried Mr. Branson as to under which branch of government the Special
Grand Jury operated-- legislative, executive, or judicial. Mr. Branson
responded that the SGJ is not under any branch of government, but is the people
and operates autonomously.
The doctrine of "judicial
immunity" must be placed under the control of the people in order to stop
judicial abuse thereof.
In his years of research and citing
of law to support his cases, Ron found that the law
wasn't the problem-- it was the judges' refusal to respect and
abide by the law. And when Ron would seek redress against these judges, he
would be blocked by "judicial immunity."
Upon researching "judicial immunity"
Ron found that it wasn't enacted as law, but was judicially created as a
doctrine to protect them from lawsuits filed by "disgruntled litigants" who
weren't happy with a decision. There were such instances cited which could be
considered as a logical purpose for the doctrine. However, the doctrine is
limited to cover judicial acts within court jurisdiction.
"Judicial acts" to be valid have to
be performed in accordance with law. However, Ron has experienced being
dismissed based on "judicial immunity" when suing judges because they were NOT
following law. Even when filing federal criminal complaints against judges, for
which judicial immunity does not apply, the Attorney General's office would
refuse to accept the case(s) stating they were "unable to prosecute" and giving
So, the problem rested on judicial
abuse of the doctrine and the people would have to "alter or reform" the
application of that doctrine by the judiciary when it was abused. That abuse is
defined as shielding a judge for "deliberate violation of law, fraud or
conspiracy, intentional violation of due process of law, deliberate disregard of
material facts, judicial acts without jurisdiction, blocking of a lawful
conclusion of a case, or any deliberate violation of the Constitutions of
California or the United States." (¶(c)).
Ron wrote into the Amendment that
only after such violation has been brought to the attention of the judge, as
part of the record, and the judge refuses to correct the alleged violation
making it a willful act, may a complaint be filed before the
SGJ upon exhaustion of all system remedies provided by the state.
J.A.I.L. is not a
substitute for any stage of the judicial process, but is a safeguard for
the people when the judicial system fails to perform its duties under the State and Federal
Mr. Branson also checked the
Declaration of Independence to see what authority it provided for the people
when government becomes abusive of its power. It provides "... That to secure
these rights, governments are instituted among men, deriving their just powers
from the consent of the governed, that whenever any form of government becomes
destructive of these ends, it is the right of the people to alter or to abolish
it, ...." and more specifically, it provides "... But when a long train of
abuses and usurpations, pursuing invariably the same object evinces a design to
reduce them under absolute despotism, it is their right, it is their duty,
to throw off such government, and to provide new guards for their future
Ron knew that "deriving their just powers
from the consent of the governed" is established by the U.S. Constitution which
documents the principles representing that "consent" within which government is
authorized to exercise its limited "just powers." Thus, the U.S.
Constitution is the standard-bearer under which government is authorized to act
in serving the people.
The problem at hand is the willful refusal
of the judiciary to act according to the Constitution; and further, the failure
of government generally to remedy the problem. Thus, the judicial branch of
government, aided and abetted by the executive and legislative branches, has
become "destructive of these ends" leaving it to the responsibility of the
people "to alter or abolish" the offending form of government.
The problem is not based on the "form of
government" (the judicial branch) itself, but on the unconstitutional operation
of its actors-- the judges. Therefore it isn't necessary for the people to
"abolish" or "institute new government," or to "throw off such
government," but to "provide new guards"
over the offenders for our future security. J.A.I.L. is that "new guard" by
the people for their future security. J.A.I.L. is an oversight operation of the
judiciary by the people, to hold judges accountable under constitutional
mandates whenever they pervert their obligation.
Judges must be "leashed" by the people to
prevent abuse of judicial power. J.A.I.L. will be that "leash" which will not
restrain lawful judicial performance.
J.A.I.L.'s mission, taken from the Mission
To create a forum in which to hold judges
accountable to the people under constitutional standards.
To stop the abuse of "judicial immunity"
by the judiciary.
To provide a remedy that will ensure the
people of the availability of redress of grievances in our
To be autonomous and independent of
To not change laws on the books or the
judicial system as currently structured.
To act only when the judicial
system has failed in its constitutional responsibilities after the exhaustion
of all available judicial remedies.
To achieve its mission through non-violent
If any proposal for judicial accountability
does not meet the above criteria, then it isn't J.A.I.L. J.A.I.L.
must remain specific and focused on its objectives. J.A.I.L. cannot be
-Barbie- Assistant to
Ronald Branson, Author/Founder
J.A.I.L. is an acronym for Judicial
Accountability Initiative Law
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"..it does not require a majority to
prevail, but rather an irate, tireless minority keen to set brush fires in
people's minds.." - Samuel Adams
"There are a thousand hacking at the
branches of evil to one who is
striking at the
-- Henry David Thoreau <><